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20-002 Done Right, Inc., Window Installation at Quinlan Community Center CITY OF PUBLIC WORKS CONTRACT
[a $60,000 OR LESS
CUPERTINO
1. PARTIES
This public w rks contract("Contract")is made by and between the City of Cupertino ("City"), and
plil , a Corporation
("Contractor") fol window installation at Quinlan Community Center ,
and is effective on the last date signed below("Effective Date").
2. SCOPE OF WORK
Contractor will perform and provide all labor, materials, equipment, supplies,transportation and any
other items or work necessary to perform and complete the work required for the Project("Work"),
as required in the Scope of Work, attached here and incorporated as Exhibit A, and in accordance
with the terms and conditions of this Contract.
3. TIME FOR COMPLETION
3.1 Term.This Contract begins on the Effective Date and ends on February 28,2020
("Contract Time")unless terminated earlier as provided herein. Contractor's Work shall begin on
the date shown on a written Notice to Proceed("NTP") and must be fully completed within the
Contract Time or on the date specifically provided in the Notice to Proceed. The City Engineer will
not issue a NTP until the Contract is fully executed by both parties and City has received satisfactory
proof of insurance and any performance and payment bonds that may be required. The Director of
Public Works may authorize the extension of the Contract Time by up to sixty(60) calendar days
through a written amendment to this Agreement,provided such extension does not include
additional contract funds.
3.2 Time is of the essence for Contractor's performance and completion of the Work.
Contractor must have sufficient time,resources, and qualified staff to deliver the work on time.
3.3 Liquidated damages of$200.00 will be charged for each day of unexcused delay,
or City may deduct the amount from Contractor's payments. Liquidated damages are based on
reasonably foreseeable consequences of delay and may include intangible losses which the Parties j
agree may be difficult to ascertain, such as loss of public confidence in City and its contractors,
interference or loss of use of public facilities, and extended disruption to the public.
4. COMPENSATION
4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the
Work an amount that will based on actual costs but that will be capped so as not to exceed$20,950.00
("Contract Price"), for all of Contractor's direct and indirect costs, including all labor,materials,
supplies, equipment, taxes, insurance,bonds, and all overhead costs.
Public Works Project: Quinlan Community Center-Office Window Installation
Public Works Contract$60,000/Rev. Sept. 2019
Page I of 12
4.2 Invoices and Payments. Contractor must submit an invoice on the first day of each month,
describing the Work performed during the preceding month, itemizing labor,materials, equipment
and any incidental costs incurred. Contractor will be paid ninety-five percent(95%) of the undisputed
amounts billed within thirty(30)days after City receives a properly submitted invoice. Any retained
amounts will be included with Contractor's fmal payment within sixty(60) days of City's acceptance
of the Work as complete.
5. INDEPENDENT CONTRACTOR
5.1 Status.Contractor is an independent contractor and not an employee of City. Contractor is
solely responsible for the means and methods of performing the Work and for the persons under
this employment. Contractor is not entitled to worker's compensation or any other City benefits.
5.2 Contractor's Qualifications. Contractor warrants on behalf of itself and its subcontractors that
they have the qualifications and skills to perform the Work in a competent and professional manner and
according to the highest standards and best practices in the industry.
5.3 Permits and Licenses.Contractor warrants on behalf of itself and its subcontractors that they
are properly licensed, registered, and/or certified to perform the Work as required by law, and have
procured a City Business License, if required by the Cupertino Municipal Code. Contractor shall
possess a California Contractor's License in good standing for the following classification(s): B
,which must remain
valid for the entire Contract Time.
5.4 Subcontractors. Only Contractor's employees are authorized to work under this Contract.
Prior written approval from City is required for any subcontractor, and the terms and conditions of
this Contract will apply to any approved subcontractor.
5.5 Tools,Materials, and Equipment. Contractor will supply all tools,materials and
equipment required to perform the Work under this Contract.
5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor
and any of its employees, agents, and subcontractors shall not have any claim under this Agreement
or otherwise against City for seniority,vacation time,vacation pay, sick leave,personal time off,
overtime,health insurance,medical care,hospital care, insurance benefits, social security,
disability,unemployment, workers compensation or employee benefits of any kind. Contractor
shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or
charges applicable to Contractor's business including,but not limited to, federal and state income
taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf
of Contractor. Should any court, arbitrator, or administrative authority, including but not limited to
the California Public Employees Retirement System(PERS), the Internal Revenue Service or the
State Employment Development Division, determine that Contractor, or any of its employees,
agents, or subcontractors, is an employee for any purpose,then Contractor agrees to a reduction in
amounts payable under this Agreement, or to promptly remint to City any payments due by the City
as a result of such determination, so that the City's total expenses under this Agreement are not
greater than they would have been had the determination not been made.
Public Works Project:Quinlan Community Center-Office Window Installation
Public Works Contract$60,000/Rev. Sept. 2019
Page 2 of 12
6. CHANGE ORDERS
Amendments and change orders must be in writing and signed by City and Contractor. Contractor's
request for a change order must specify the proposed changes in the Work, Contract Price, and
Contract Time. Each request must include all the supporting documentation,including but not
limited to plans/drawings,detailed cost estimates, and impacts on schedule and completion date.
7. ASSIGNMENTS:SUCCESSORS
Contractor shall not assign,hypothecate, or transfer this Contract or any interest therein,directly or
indirectly,by operation of law or otherwise,without prior written consent of City. Any attempt to do
so will be null and void. Any changes related to the financial control or business nature of
Contractor as a legal entity is considered an assignment of the Contract and subject to City approval,
which shall not be unreasonably withheld. Control means fifty percent(50%) or more of the voting
power of the business entity. This Contract is binding on Contractor, its heirs, successors, and
permitted assigns.
8. PUBLICITY/SIGNS
Any publicity generated by Contractor for the Project during the Contract Time, and for one(1)year
thereafter must credit City contributions to the Project. The words "City of Cupertino"must be
displayed in all pieces of publicity, flyers,press releases,posters,brochures, interviews,public service
announcements, and newspaper articles.No signs may be posted or displayed on or about City
property, except signage required by law or this Contract,without prior written approval from the City.
9. SUBCONTRACTORS
9.1 Contractor must perform all the Work with its own forces, except that Contractor may hire
qualified subcontractors to perform up to 25 % of the Work,provided that each subcontractor
is required by contract to be bound by the provisions of this Contract. Contractor must provide City
with written proof of compliance with this provision upon request.
9.2 City may reject any subcontractor of any tier and bar a subcontractor from performing Work on
the Project, if City in its sole discretion determines that subcontractor's Work falls short of the
requirements of this Contract or constitutes grounds for rejection under the Public Contract Code. If
City rejects a subcontractor, Contractor at its own expense must perform the subcontractor's Work or
hire a new subcontractor that is acceptable to City. A Notice of Completion must be recorded within
fifteen(15)days after City accepts the Work if the Contract involves work by subcontractors.
10. RECORDS AND DAILY REPORTS
10.1 Contractor must maintain daily reports of the Work and submit them to City upon request and
at completion of Project. The reports must describe the Work and specific tasks performed,the number
of workers,the hours, the equipment, the weather conditions, and any circumstances affecting
performance. City will have ownership of the reports, but Contractor will be permitted to retain copies.
Public Works Project:Quinlan Community Center-Office Window Installation
Public Works Contract$60,000/Rev. Sept. 2019
Page 3 of 12
10.2 If applicable,Contractor must keep a separate set of as-built drawings showing changes and
updates to the Scope of Work or the original drawings as changes occur. Actual locations to scale must
be identified for all major components of the Work, including mechanical, electrical and plumbing
work; HVAC systems;utilities and utility connections; and any other components City determines
should be included in the final drawings of the Project.Deviations from the original drawings must be
shown in detail, and the location of all main runs, piping, conduit, ductwork, and drain lines must be
shown by dimension and elevation.
10.3 Contractor must maintain complete and accurate accounting records of its Work,in accordance
with generally accepted accounting principles,which must be available for City review and audit, kept
separate from other records, and maintained for four(4)years from the date of City's final payment.
11. INDEMNIFICATION
11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active
negligence or willful misconduct of City personnel, Contractor shall indemnify, defend, and hold
harmless City, its City Council,boards and commissions, officers, officials, employees, agents,
servants,volunteers and consultants("Indemnitees"), through legal counsel acceptable to City, from
and against any and all liability, damages, claims, stop notices,actions, causes of action,demands,
charges, losses and expenses(including attorney fees,legal costs, and expenses related to litigation
and dispute resolution proceedings), of every nature arising directly or indirectly from this Contract
or in any manner relating to any of the following:
(a) Breach of contract, obligations,representations or warranties;
(b) Performance or nonperformance of the Work or of any obligations under the Contract
by Contractor,its employees, agents, servants, subcontractors or subcontractors;
(c) Payment or nonpayment by Contractor or its subcontractors or sub-subcontractors for
Work performed on or off the Project Site; and
(d) Personal injury,property damage, or economic loss resulting from the work or performance
of Contractor or its subcontractors or sub-subcontractors.
11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a
tender of defense upon receiving notice from City of a third-parry claim,in accordance with
California Public Contract Code Section 9201. At City's request, Contractor will assist City in the
defense of a claim, dispute,or lawsuit arising out of this Contract.
11.3 Contractor's duties under this entire Section 11 are not limited to Contract Price,Workers'
Compensation, or other employee benefits, or the insurance and bond coverage required in this
Contract.Nothing in the Contract shall be construed to give rise to any implied right of indemnity
in favor of Contractor against City or any other Indemnitee.
11.4 Contractor's payments may be deducted or offset to cover any money the City lost due to
a claim or counterclaim arising out of this Contract, a purchase order or other transaction.
11.5 Contractor agrees to obtain executed indemnity agreements with provisions identical to
those set forth here in this Section 11 from each and every subcontractor, or any other person or
entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement.
Public Works Project:Quinlan Community Center-Office Window Installation
Public Works Contract$60,000/Rev. Sept. 2019
Page 4 of 12
Failure of City to monitor compliance with these requirements imposes no additional obligations
on City and will in no way act as a waiver of any rights hereunder.
11.6 This Section 11 shall survive termination of the Contract.
12. INSURANCE
Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit
B. Contractor must provide satisfactory proof of insurance and maintain it for the Contract Time or
longer as required by City. City will not execute the Contract until City has approved receipt of
satisfactory certificates of insurance and endorsements evidencing the type, amount, class of
operations covered, and the effective and expiration dates of coverage. Failure to comply with this
provision may result in City, at its sole discretion and without notice,purchasing insurance at
Contractor's expense, deducting the costs from Contractor's compensation, or terminating the
Contract.
13. COMPLIANCE WITH LAWS
13.1 General Laws. Contractor shall comply with all laws and regulations applicable to this
Contract. Contractor will promptly notify City of changes in the law or other conditions that may
affect the Project or Contractor's ability to perform. Contractor is responsible for verifying the
employment status of employees performing the Work, as required by the Immigration Reform and
Control Act. j
13.2 Labor Laws.
(a) The following provisions apply to contracts of$1,000 or more:
(i) In General. For purposes of California labor law, this is a public works
contract subject to the provisions of Part 7 of Division 2 of the California Labor
Code(Sections 1720 et seq.). In accordance with Labor Code Section 1771,
Contractor and all subcontractors shall pay not less than current prevailing
wage rates as determined by the California Department of Industrial Relations
("DIR")to all workers employed on this project. In accordance with Labor
Code Section 1815, Contractor and all subcontractors shall pay all workers j
employed on this project 1 %the basic rate of pay for work performed in excess
specified hour limitations. The work performed pursuant to this Contract is
subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
(ii) Registration. Contractor and all subcontractors shall not engage in the
performance of any work under this Contract unless currently registered and
qualified to perform public work pursuant to section 1725.5 of the California
Labor Code. Contractor represents and warrants that it is registered and
qualified to perform public work pursuant to section 1725.5 of the Labor Code
and will provide its DIR registration number, along with the registration
numbers of any subcontractors as required,to the City.
Public Works Project:Quinlan Community Center-Office Window Installation
Public Works Contract$60,000/Rev. Sept. 2019
Page 5 of 12
(iii) Posting. Contractor shall post at the job site the determination of the DIR
director of the prevailing rate of per diem wages together with all job notices
that are required by regulations of the DIR.
(iv) Reporting. Contractor and any subcontractors shall keep accurate payroll
records in accordance with Section 1776 of the Labor Code and shall furnish
the payroll records directly to the Labor Commissioner in accordance with the
law.
(v) Report on Prevailing Rate of Wages. The City has obtained the general
prevailing rate of per diem wages in the vicinity of the project for each type of
worker needed, a copy of which is on file at the City of Cupertino City Hall,
and shall be made available to any interested party upon request.
(vi) Employment of Apprentices. Contractor's attention is directed to the
provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the
employment of apprentices by the Contractor or any subcontractor. It shall be
the responsibility of the Contractor to effectuate compliance on the part of itself
and any subcontractors with the requirements of said sections in the
employment of apprentices. Information relative to apprenticeship standards,
wage schedules, and other requirements may be obtained from the Director of
Industrial Relations, ex-officio the Administrator of Apprenticeship, San
Francisco, California, or from the Division of Apprenticeship Standards and its
branch offices.
(vii) Penalties. Contractor's attention is directed to provisions in Labor Code
Sections 1775 and 1813. In accordance with Labor Code Section 1775,
Contractor and subcontractors may be subject to penalties for Contractor's
and subcontractors' failure to pay prevailing wage rates. In accordance with
Labor Code Section 1813, Contractor or subcontractors may be subject to
penalties for Contractor's or subcontractors' failure to pay overtime pay rates
for hours worked by workers employed on this project in excess specified
hour limitations.
(b) Contractor must compensate workers who are paid less than prevailing wages or required
to work more than a legal day's work. Contractor will also be required to pay City a
penalty of$200.00 per worker for each day of violation.
(c) As required by Labor Code Section 1861,by signing this Contract Contractor certifies as
follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for workers' compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the work of this contract."
13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race,religious creed,
color, ancestry,national origin, ethnicity,handicap,disability,marital status,pregnancy, age, sex,
gender, sexual orientation, gender identity,Acquired-Immune Deficiency Syndrome(AIDS), or any
other protected classification. Contractor shall comply with all anti-discrimination laws,including
Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5.
Consistent with City policy prohibiting harassment and discrimination,Contractor understands that
harassment and discrimination directed toward a job applicant, an employee, a City employee, or
any other person,by Contractor or Contractor's employees or sub-contractors will not be tolerated.
Public Works Project:Quinlan Community Center-Office Window Installation
Public Works Contract$60,000/Rev. Sept. 2019
Page 6ufl2
13.4 Conflicts of Interest. Contractor, its employees, subcontractors, servants and agents,may not
have,maintain or acquire a conflict of interest in relation to this Contract in violation of law,
including Government Code section 1090 and Government Code section 81000 and their
accompanying regulations.No officer, official, employee, consultant, or other agent of the City("City
Representative") may have,maintain,or acquire a"fmancial interest"in the Contract, as that term is
defined by state law, or in violation of a City ordinance or policy while serving as a City
Representative or for one year thereafter. Contractor, its employees, subcontractors, servants, and
agents warrant they are not employees of City nor do they have any relationship with City officials,
officers, or employees that creates a conflict of interest. Contractor may be required to file a conflict
of interest form if it makes certain governmental decisions or serves in a staff capacity, as defined in
Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by City
rules governing gifts to public officials and employees.
13.5 Remedies.Any violation of Section 13 constitutes a material breach and may result in City
suspending payments, requiring reimbursement, or terminating the Contract. City reserves all
rights and remedies under the law and this Contract,including seeking indemnification.
14. BONDS
For contracts of$25,000 or more, Contractor must obtain a payment bond and a performance bond,
each in the penal sum of 100% of the Contract Price,using the Bond Forms attached and incorporated
here as Exhibit C. Each bond must be issued by a surety admitted in California,with a financial rating
from A.M. Best Company of Class A-or higher, or as otherwise acceptable to City. If an issuing
surety cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety
acceptable to City within seven(7) calendar days after written notice from City. If Contractor fails to
do so, City may in its sole discretion and without prior notice,purchase bonds at Contractor's expense,
deduct the cost from payments due Contractor, or terminate the Contract. City will not execute the
Contract nor issue the NTP until the required bonds are submitted.
15. UTILITIES. TRENCHING,AND EXCAVATION
15.1 Contractor must call the Underground Service Alert("USA") 811 hotline and request marking
of utility locations before digging or commencing Work. For underground service alerts for street
i
lighting and traffic signal conduits, City's Service Center must be called at(408) 777-3269.
Government Code Section 4215 requires Contractor to notify City and Utility in writing if it
discovers utilities or utility facilities not identified in the Contract.
15.2 Pursuant to Government Code Section 7104, Contractor must stop work, notify City in
writing, and wait for instructions if one of the conditions below is found at the worksite. City will
work with Contractor to amend the Contract or issue a change order if the discovered conditions
materially change the Work/Performance, Contract Time or Contract Price.
(a) Material believed to be hazardous waste under Health and Safety Code Section 25117,
and which requires removal to a Class I, Class II, or Class III disposal site pursuant to law;
(b) Subsurface or latent physical conditions at the Project worksite differing from
those indicated by information about the worksite made available to Contractor;
and
Public works Project:Quinlan Communitv Center - Office Window Installation
Public Works Contract$60,000/Rev. Sept. 2019
Page 7 of 12
(c) Unknown physical conditions at the Project worksite of any unusual nature, materially
different from those ordinarily encountered and from those generally recognized as
inherent in the character of the Work.
15.3 For contracts$25,000 or higher that require excavation or involve trenches five feet or more in
depth, Contractor must submit a detailed plan for City approval,per Labor Code Section 6705,prior
to commencing work. The plan must show the design of shoring,bracing, sloping, and other
provisions for worker protection from caving ground and other hazards. The protective system must
comply with all Construction Safety Orders. If the plan varies from shoring system standards, it must
be prepared by a registered civil or structural engineer.
16. URBAN RUNOFF MANAGEMENT
16.1 All Work must fully comply with federal, state, and local laws and regulations concerning
storm water management. Contractor must avoid creating excess dust when breaking asphalt or
concrete and during excavation and grading. If water is used for dust control, Contractor will use only
the amount of water necessary to dampen the dust. Contractor will take all steps necessary to keep
wash water out of the streets, gutters, and storm drains. Prior to the start of the Work, Contractor will
implement erosion and sediment controls to prevent pollution of storm drains, and must upgrade and
maintain these controls based on weather conditions or as otherwise required by City. These controls
must be in place during the entire Contract Time and must be removed at the end of construction and
completion of the Work. Such controls must include,but will not be limited to, the following
requirements:
(a) Install storm drain inlet protection devices such as sand bag barriers, filter fabric fences, and
block and gravel filters at all drain inlets impacted by construction. During the annual rainy
season, October 15 through June 15, storm drain inlets impacted by construction work must be
filter-protected from onsite de-watering activities and saw-cutting activities. Shovel or
vacuum saw-cut slurry and remove from the Work site;
(b) Cover exposed piles of soil or construction material with plastic sheeting. Store all
construction materials in containers;
(c) Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm
drains prior to rain and at the end of each work day. When the Work is completed, wash the
streets, collect and dispose of the wash water offsite in lawful manner;
(d) After breaking old pavement,remove debris to avoid contact withrainfall/runoff,
(e) Maintain a clean work area by removing trash, litter, and debris at the end of each work
day and when Work is completed. Clean up any leaks, drips, and other spills as they occur.
16.2 These requirements must be used in conjunction with the California Stormwater Quality
Association and California Best Management Practices Municipal and Construction Handbooks,
local program guidance materials from municipalities, and any other applicable documents on
stormwater quality controls for construction. Contractor's failure to comply with this Section will
result in the issuance of noncompliance notices, citations,Work stop orders and regulatory fines.
Public Works Project:Quinlan Community Center-Office Window Installation
Public Works Contract$60,000/Rev.Sept. 2019
Page 8 of 12
17. PROJECT COORDINATION
City Project Manager. City assigns Ken Tanase
as the City representative for all purposes under this Contract, with authority to require compliance
with the Scope of Work. City may substitute Project Managers at any time and without prior notice
to Contractor.
Contractor Project Manager. Subject to City approval, Contractor assigns Glenn Lenker
as its single representative for all purposes under
this Contract, with the responsibility to ensure progress with the Work. Contractor's Project Manager is
responsible for coordinating and scheduling the Work and must regularly update the City Project
Manager about the status and any delays with the Work, consistent with the Scope of Work. Any
substitutions must be approved in writing by City.
18. ABANDONMENT AND TERMINATION
18.1 City may abandon or postpone the Project or parts therefor at any time. Contractor will be
compensated for satisfactory Work performed through the date of abandonment and will be given
reasonable time to close out the Work. With City's pre-approval in writing, the time spent in closing
out the Work will be compensated up to ten percent(10%)of the total time expended in performing
the Work.
18.2 City may terminate the Contract for cause or without cause at any time. Contractor will be paid
for satisfactory Work rendered through the termination date and will be given reasonable time to close
out the Work.
18.3 Final payment will not be made until Contractor delivers the Work and provides records
documenting the Work,products and deliverables completed. Nothing in the Section below is intended
to delay, abridge or bar City's right under this Section.
19. GOVERNING LAW, VENUE AND DISPUTE RESOLUTION
This Contract is governed by the laws of State of California. Venue for any legal action shall be the
Superior Court of the County of Santa Clara, California. The dispute resolution procedures of Public
Contract Code Section 20104, et seq., incorporated here by reference, apply to this Contract and
Contractor is required to continue the Work pending resolution of any dispute. Prior to filing a lawsuit,
Contractor must comply with the claim filing requirements of the California Government Code. If the
Parties elect arbitration, the arbitrator's award must be supported by law and substantial evidence and
include detailed written findings of law and fact.
20. ATTORNEY FEES
If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or
other proceedings to enforce its rights or a judgment in connection with this Contract,the prevailing
parry will be entitled to reasonable attorney fees and costs.
Public Works Project:Quinlan Community Center-Office Window Installation
Public Works Contract$60,000/Rev. Sept. 2019
Page 9 of 12
21. SIGNS/ADVERTISEMENT
No signs may be displayed on or about City's property, except signage which is required by law or by
the Contract, without City's prior written approval as to size, design and location.
22. THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of this Contract.
23. WAIVER
Neither acceptance of the Work nor payment thereof shall constitute a waiver of any contract
provision. City waiver of any breach shall not constitute waiver of another provision or breach.
24. WARRANTY
Contractor warrants that materials and equipment used will be new, of good quality, and free from
defective workmanship and materials, and that the Work will be free from material defects not intrinsic in
the design or materials. All Work, materials and equipment should pass to City free of claims, liens or
encumbrances. Contractor warrants the Work and materials for one year from the date of City's
acceptance of the Work as complete("Warranty Period"), except when a longer guarantee is provided by
a supplier,manufacturer or is required by this Contract. During the Warranty Period, Contractor will
repair or replace any Work defects or materials, including damage that arises from Contractor's Warranty
Work, except any wear and tear or damage resulting from improper use or maintenance.
25. ENTIRE CONTRACT
This Contract and the attachments,documents, and statutes attached,referenced, or expressly
incorporated herein, including authorized amendments or change orders constitute the final and
complete contract between City and Contractor with respect to the Work and the Project.No oral
contract or implied covenant will be enforceable against City. If there is any inconsistency between any
term, clause, or provision of the main Contract and any term, clause, or provision of the attachments or
exhibits thereto,the terms of the main Contract shall prevail and be controlling.
26. SEVERABILITY/PARTUL INVALIDITY
If a court fmds any term or provision of this Contract to be illegal, invalid, or unenforceable,the legal
portion of said provision and all other contract provisions will remain in full force and effect.
27. SURVIVAL
The contract provisions which by their nature should survive the Contract or Completion of Project,
including without limitation all provisions regarding warranties, indemnities,payment obligations,
insurance, and bonds, shall remain in full force and effect after the Work is completed or Contract
ends.
Public Works Project: Quinlan Community Center-Office Window Installation
Public Works Contract$60,000/Rev.Sept.2019
Page 10 of 12
28. INSERTED PROVISIONS
Each provision and clause required by law to be inserted in this Contract will be deemed to be included
and will be inferred herein. Either party may request an amendment to cure mistaken insertions or
omissions of required provisions.
29. CAPTIONS
The captions,titles, and headings in this Contract are for convenience only and may not be used in the
construction or interpretation of the Contract or for any other purpose.
30. COUNTERPARTS
This Contract may be executed in counterparts, each of which is an original and all of which taken
together shall form one single document.
31. NOTICES
All notices,requests, and approvals must be sent in writing to the persons below and will be
considered effective on the date of personal delivery, the date confirmed by a reputable overnight
delivery service, on the fifth(5th)calendar day after deposit in the United States Mail,postage
prepaid,registered or certified, or the next business day following electronic submission:
To City of Cupertino: To Contractor:
10300 Tone Ave.,Cupertino CA 95014 Done Right Inc.
Attention:Ken Tanase Attention:Glenn Lenker
Copy to:Carl Valdez Copy to:
Email:kentAcupertino.org Email:glennAdonerightroofing.com
32. VALIDITY OF CONTRACT
This Contract is valid and enforceable only if(a)it complies with the purchasing and contract
provisions of Cupertino Municipal Code Chapters 3.22 and 3.23, (b)is signed by the City Manager or
an authorized designee, and(c)is approved for form by the City Attorney's Office.
Public Works Project: Quinlan Community Center-Office Window Installation
Public Works Contract$60,000/Rev. Sept. 2019
Page I I of 12
i
33. EXECUTION
The persons signing below warrant they have the authority to enter into this Contract and to legally
bind their respective Parties. If Contractor is a corporation,signatures from two officers of the
corporation are required pursuant to California Corporations Code Section 313.
IN WITNESS WHEREOF,the parties have caused this Contract to be executed as of the Execution
Date first above written.
CITY OF CUPERTINO, CONTRACTOR
a Municipal Corporation Done Right Inc.
By: By:vet
2 Roger Lee
Title: Public Works Director Title: Pro'ect Manager
Signature Date: 1 /3 120 Signature Date: v'
APPROVED AS TO FORM:
By. l �A
HEATHER M. MINNER
Cupertino City Attorney
ATTEST:
By:
f4x GRACE SCHMIDT, City Clerk
i
Public Works Project:Quinlan Community Center-Office Window Installation
Public Works Contract$60,000Rev.Sept.2019
Page 12 of 12
DONE RIGHT, INC. EXH I BIT "
A PROPOSAL
1129 LONGFELLOW AVENUE
CAMPBELL,CA 95008
PH. (408)377-8777 DATE NO.
FAX(408)377-5502
www.donerightroofing.com 6/5/2019 7575
CUSTOMER ADDRESS JOB LOCATION
City of Cupertino
10555 Mary Avenue
Cupertino Ca 95014
Quinland Community Center
CONTACT NAME WORK PHONE# HOME PHONE# CELL PHONE#
Ken T.
DESCRIPTION TOTAL
Scope of Work: Remove closet walls and install window. 17,950.00
Install sheet rock and framing as needed.
Sheet rock will be paint ready.
Provide and install one lamented window.
No electrical work, carpet repair, plumbing work, mechanical work, structural fi•aming work
and painting work by us.
Work to take one week to complete.
Labor and material$17,950.
Sales Tax
_(e 0.00
GCO
6j J, --
. V
-0
Lic.#774962 B-1 C-39 C-43 LTOTAL
Proposal expires in 30 days from date above. Thank you. $17,950.00
NOTJCE'T® Q)WNER Ilk,
CALIFORNIA ADMINISTRATIVE CODE SECTION 862
Effective January 1. 1993,the"Notice of Owner"form required by Section 7018.5 of the Business and Professions Code shall be that set forth below
NOTICE TO OWNER
Under the California Mechanics'Lien LaNN.any contractor,subcontractor,laborer.supplier.or otherperson or entity who helps to'improve your property,but is not
paid for his or her wort:or supplies,has a right to place a lien on your home.land or property where the wort:was performed and to site you in court to obtain payment.
This means that after a court hearing,your home.land,and property could be sold by a court officer and the proceeds of the sale used to satisfy what you owe.This can
happen even if you have paid your contractor in full i['the contractor's subcontractors,laborers.or suppliers remain unpaid.
To preserve their right to file a claim or lien against your property,certain claimants such as subcontractors or material suppliers are required to provide you with a
document called a"Preliminary Notice".Contractors and laborers who contract with owners directly do not have to provide such notice since you are aware of their existence as
an owner.A preliminary notice is not a lien against your property.Its purpose is to notify you 017 Persons or entities that may have a right to file a lien against your property if they
are not paid.In order to perfect their lien rights.a contractor,subcontractor,supplier.or laborer must file a mechanics'lien with the county recorder which then becomes a
recorded lien against your property.Generally,the maximum time allowed for filing a mechanics'lien against your property is 90 days after substantial completion of your
project.
TO INSURE EXTRA PROTECTION FOR YOURSELF AND YOUR PROPERTY.YOU MAY WiSI-I TO TAKE ONE OR MORE OF THE FOLLOWING STEPS:
(1)Require that your contractor supply you wwith a payment and performance bond(not a license bond).which provides that the bonding company will either complete
the project or pay damages up to the amount of the bond.This payment and performance bond as well as a copy of the construction contract should be filed with the county
recorder fur your further protection.The payment and performance bond will usually cost fi-om I to 5 percent of the contract amount depending on the contractor's bonding
ability.i f a contractor cannot obtain such bonding,it may indicate his or her financial incapacity.
(3)Require that payments be made directly to subcontractors and material suppliers through a joint control. Funding services may be available,for a fee,in your area
which will establish voucher or other means of payment to your contractor. These services may also provide you with lien waivers and other forms ofprotection. Anyjoint
control agreement should include the addendum approved by the Registrar.
(3)Issue joint checks for payment,made out to both your contractor and subcontractors or material suppliers involved in the project.The joint checks should be made
payable to(he persons or entities which send preliminary notices to you.Those persons or entities have indicated that they may have lien rights oriIyour property,therefore your
need to protect yourself.This will help to insure that all persons due payment are actually paid.
(4)Upon making payment on any completed phase of the project,and before making any further payments,require your contractor to provide you with unconditional
"Waiver and Release"forms signed by each material supplier,subcontractor,and laborer involved in that portion of the work for which payment was made. The statutory lien
releases are set forth in exact language in Section 3262 of the Civil Code.Most stationery stores will sell the"Waiver and Release"forms if your contractor does not have them.
The material suppliers.subcontractors.and laborers that you obtain releases from are those persons or entities who have filed preliminary notices with you. If you are not certain
of the material suppliers,subcontractor.and laborers working on your project,you may obtain a list from your contractor.On projects involving improvements to a single-family
I esidence or a duplex owned by individuals,the persons signing these releases lose to right to file a mechanics'lien claim against your property. In other types of construction,
this protection may still be important.but may not be as complete.
To protect yourself under this option,you must be certain that all material suppliers.subcontractors,and laborers have signed the"Waiver and Release"form. If a.
mechanics'lien has been filed against you property,it can only be voluntarily released by a recorded"Release of Mechanics'Lien"signed by the person or entity that filed the
mechanics'lien against your property unless the lawsuit to enforce the lien was not timely filed. You should not make any final payments until any and all such liens are removed.
You s1101.11cl consult an attorney if lien is filed against your properly.
READ AND ACKNOWLEDGED
Owner or Tenant Signature Date
NOTCC E OF CAV(CIEILILATRON
Date of Transaction
You may cancel this transaction.without any penalty or obligation,within three(3)business days from the above date.
1 f you cancel.any property traded in.any payments made by you under the contract or sale.and any negotiable insu-untent executed by you will be returned within ten(10)days
Following receipt by the seller of you cancellation notice,and any security interest arising out of the transaction will be canceled.
I f you cancel you must make available to the seller al your residence.in substantially as good condition as when received.any goods delivered to you under this contract or sale;
or you may,if you wish.comply with the instructions of the seller regarding[he return shipment of the goods at the seller's expense and risk.
If you do male the goods available to the seller and the seller does not pick them LIP within twenty(20)days o1'the date of your notice of cancellation,you may retain or dispose of
the goods IN ithout any further obligation.If you fail to male the goods available to the seller,or if you agree to return the goods to the seller and fail to do so,then you remain
liable for performance of all obligationS under the contract.
To cancel[his transaction,mail or deliver a signed and dated copy ofthis cancellation notice.or any other.written notice.or send a telegram to
(iVame of seller)
(Address ol'seller's place of business)
not later than midnight of
(Date)
I hereby cancel this transaction
(Date) (Buyer's Signature)
PUBLIC WORKS CONSTRUCTION CONTRACTS
Small Projects - $60,000
Insurance Requirements: Exhibit B
Contractor shall procure and maintain for the duration of the contract, and for five years following the completion of
the Project, insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by Contractor, its agents, representatives, employees or
subcontractors.
MINIMUM SCOPE AND LJAHT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability("CGL"): Insurance Services Office (ISO)Form CG 00 01 covering CGL on an
"occurrence" basis, written on a comprehensive general liability form, and must include coverage for liability
arising from Contractor's or Subcontractor's acts or omissions, including Contractor's protected coverage,
blanket contractual, products and completed operations,vehicle coverage and employer's non-ownership liability
coverage, with limits of at least $2,000,000 per occurrence. The CGL policy must protect against any and all
liability forpersonal injury, death,property damage or destruction,and personal and advertising injury.If a general
/� aggregate limit applies, either the general aggregate limit shall apply separately to this project/location(ISO CG
25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
a. It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess
of the specified minimum insurance coverage requirements and/or limits shall be made available to the
Additional Insured and shall be(1)the minimum coverage/limits specified in this agreement;or(2)the broader
coverage and maximum limits of coverage of any insurance policy,whichever is greater.
b. Additional Insured coverage under Contractor's policy shall be"primary and non-contributory," will not seek
contribution from City's insurance/self-insurance, and shall be at least as broad as ISO CG 20 01 0413
c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess
insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or
excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a
primary basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to
protect City as a named insured.
2. Automobile Liability: ISO Form CA 00 01 covering any auto(Code 1),or if Contractor has no owned autos,then
hired autos (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily
injury and property damage.
3. Workers' Compensation: As required by the State of California, with Statutory Limits, and Employer's
Liability Insurance of no less than$1,000,000 per accident for bodily injury or disease,or as otherwise required by
1 M statute. If Contractor is self-insured, Contractor must provide a Certificate of Permission to Self-Insure, duly
authorized by the DIR.
❑ N/A if box checked(Contractor provides written verification it has no employees).
4. Professional Liability with limits no less than$1,000,000 per occurrence or claim,and$2,000,000aggregate.
N/A if box checked(Contract is not design/build).
5. Builder's Risk.Course of Construction insurance utilizing an"All Risk"(Special Perils) coverage form,with
limiIN/A
ual to the completed value of the project and no coinsurance penaltyprovisions.
if box checked(Project does not involve construction or improvements/installations to property).
Insaa-ance Regtiirements.for Coirsts-iiction Contracts-$60,000 Version:Sept.2019
1
6. Contractors' Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits
no less than$1,000,000 per occurrence or claim, and$2,000,000 policy aggregate.
0 N/A if box checked(Project does not involve environmental hazards).
If Contractor maintains broader coverage and/or higher limits than the minimums shown above,City requires and
shall be entitled to the broader coverage and/or higher limits maintained by the contractor.Any available insurance
proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Self-Insured Retentions. Self-insured retentions must be declared to and approved by City. At City's option, either:
(1) Contractor shall cause the insurer to reduce or eliminate self-insured retentions as respects City, its officers,
officials, employees, and volunteers; or (2) Contractor shall provide a financial guarantee satisfactory to City
guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy
language shall provide,or be endorsed to provide,that the self-insured retention may be satisfied by either the named
insured or the City.
OTHER INSURANCE PROVISIONS
The insurance policies are to contain,or be endorsed to contain,the following provisions:
Additional Insured Status
The City of Cupertino,its City Council,officers,officials,employees,agents,servants and volunteers are to be covered
V as additional insureds on the CGL and automobile liability policies with respect to liability arising out of the Services
performed by or on behalf of Contractor including materials, parts, or equipment furnished. Endorsement of CGL
coverage shall be at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG
20 10, CG 20 26,CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used.
Primary Coverage
For any claims related to this Project,Contractor's insurance coverage shall be"primary and non-contributory"and
at least as broad as ISO CG 20 01 0413 with respect to City,its officers,officials,employees and volunteers,and shall
not seek contribution from City's insurance. If the limits of insurance are satisfied in part by Umbrella/Excess
Insurance,the Umbrella/Excess Insurance shall contain or be endorsed to contain a provision that such coverage shall
also apply on a"primary and non-contributory"basis for the benefit ofCity.
Notice of Cancellation
Each insurance policy required shall provide that coverage shall not be canceled, except with notice to the City. Each
certificate of insurance must state that the coverage afforded by the policy is in force and will not be reduced,cancelled
or allowed to expire without at least 30 days advance written notice to City,unless due to non-payment of premiums,
in which case ten days advance written notice must be provided to City. Such notice must be sent to City via certified
mail and addressed to the attention of the City Manager.
Builder's Risk
Contractor may submit Builder's Risk insurance in the form of Course of Construction coverage, which shall name
the City as a loss payee,as its interest may appear.The Builder's Risk policy must be issued on an occurrence basis,
for all-risk coverage on a 100% completed value basis on the insurable portion of the Project, with no coinsurance
penalties,and for the benefit of City.If the Project does not involve new or major reconstruction,City may elect,acting
in its sole discretion,to accept an Installation Floater policy instead of Builder's Risk. For such projects,the Property
Installation Floater shall include improvement,remodel,modification,alteration,conversion or adjustment to existing
buildings, structures, processes, machinery and equipment, and shall provide property damage coverage for any
building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the
Work, including during transit, installation,and testing at the City's site.
Insurance Requirements for Construction Contracts-$60,000 Version:Sept.2019
2
Waiver of Subrogation
Each required policy must include an endorsement providing that the carrier agrees to waive any right of subrogation
/ it may have against City.Contractor agrees to waive rights of subrogation which any insurer of Contractor may acquire
from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be
necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of
subrogation in favor of the City for all work performed by the Contractor,its employees, agents and subcontractors.
Acceptability of Insurers
Insurance must be issued by insurers acceptable to City and licensed to do business in the State of California,and each
insurer must have an A.M.Best's financial strength rating of"A"or better and a financial size rating of"VII"or better.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable
insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received
and approved by the City before work commences. The City reserves the right to require complete, certified copies of
all required insurance policies, including endorsements,required by these specifications, at any time.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For
CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Surety Bonds
As required by Contract and described in the Contract Documents.The Payment and Performance Bonds shall be in a
sum equal to the Contract Price. If the Performance Bond provides for a one-year warranty a separate Maintenance
Bond is not necessary. If the warranty period specified in the Contract is for longer than one year a Maintenance Bond
equal to 10% of the Contract Price is required. Bonds shall be duly executed by a responsible corporate surety,
authorized to issue such bonds in the State of California and secured through an authorized agent with an office in
California.
Special Risks or Circumstances
City reserves the right to modify these requirements,based on the nature of the risk,prior experience,insurer,coverage,
or other circumstances.
Insurance Requirements for Construction Contracts-$60,000 Version:Sept.2019
3
MM/
ACa CERTIFICATE OF LIABILITY INSURANCE 12� `i j19 YY'
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME
FRANK VITALE INSURANCE AGENCY PHONE FAX
4067 Cory St (A/C No Ext (831) 462-9222 FAX �831)462-929'9
IL
Soquel, CA 95073 AADMDARESS Fvi tale 99@gmail.com
INSURER(S) AFFORDING COVERAGE NAICp
INSURER KINSALE INSURANCE COMPANY _38920
INSURED DONE RIGHT, INC INSURERS NAUTILUS INSURANCE COMPANY ' 17370 + / A(
CONTACT: GLENN LENKER INSURER STATE COMPENSATION INS FUND 35076 N
1129 LONGFELLOW AVE INSURER D
CAMPBEL.L, CA 95008 INSURER E _
INSURER F
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
iINDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADOL suBR P P LIMITS
I LTR w Vivo vo POLICY NUMBER MM/DD/YYYY MM/DD/YYYY
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1 000 000
CLAIMS-MADE CI OCCUR PREMISES Ea occurrence $ 100,000
010085163-0 .V 4/15/2019 4/15/202 EDEXP(Anyoneperson) $ Excluded
A Y Y PERSONAL 8 ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000
POLICY CI JECTI LOC PRODUCTS-COMP/OP AGG $ 2,000,000
OTHER. $
AUTOMOBILE LIABILITY $
Ea accident
ANYAUTO BODILY INJURY(Per person) $
OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY(Per accident) $
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
UMBRELLA LIAB OCCUR AN078182 12/1/20194/15/202 ACH OCCURRENCE $ 1,000,004C
EXCESS LIAB
B X CLAIMS-MADE AGGREGATE $ 2r0001,00
1-1 DED I I RETENTION$ $
WORKERS COMPENSATION ER -
AND EMPLOYERS'LIABILITY STATUTE ER
ANY PROPRIETOWPARTNER/EXECUTIVE YIN 3002353 1/1/2D19 1/1/202D L EACH ACCIDENT $ 1,000,000
C OFFICER/MEMBER EXCLUDED? NrA Y 3002353 1/1/2020 1/1/2021
(Mandatory in NH) E.L DISEASE-EA EMPLOYE $ 1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT 1$ 1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
PER CO "A" ADDITIONAL INSURED ENDORSEMENT FORM OCG2010 0704 PRIMARY & NON-CONTRIBUTORY
FORM #CAS50030717 & WAIVER SOF SUBROGATION FORM #CAS4002 0110 ATTACHED, THE CERTIFICATE
HOLDER CITY OF CUPERTINO IS NAMED AS ADDITIONAL INSURED WITH REGARDS TO THE INSURED'S
JOB OPERATIONS: CARPENTRY REPAIRS & ROOFING. PER CO "B" WAIVER OF SUBROGATION FORM #
10217 APPLIES.
*10 DAY NOTICE FOR NON PAYMENT OF PREMIUM*
CERTIFICATE HOLDER CANCELLATION
CITY OF CUPERTINO
10300 TORRE AVENUE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
CUPERTINO, CA 95014-3255 ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIV j
I `
©1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS
SCHEDULED PERSON OR ORGANIZATION
ttochedTooall
Forming Port of Policy Effective Date of Endorsement Named Insured
0100085163-0 04/15/2019 12:01AM at the Named Insured Done Right Inc 90
address shown on the Declarations
Additiona Premium: Return Premium:
=0 $0
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Additional Insured Person(s)or Organization(s): Location(s)of Covered Operations
Blanket,as required by written contract.
Information required to complete this Schedule,if not shown above,will be shown in the Declarations.
A. Section II —Who Is An Insured is amended to include B. With respect to the insurance afforded to these
as an additional insured the person(s) or additional insureds, the following additional exclusions
organization(s) shown in the Schedule, but only with apply:
respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or
damage" or "personal and advertising injury" caused, "property damage"occurring after:
in whole or in part,by:
1. All work, including materials, parts or equipment
1. Your acts or omissions;or furnished in connection with such work, on the
2. The acts or omissions of those acting on your project (other than service, maintenance or
behalf; repairs) to be performed by or on behalf of the
in the performance of your ongoing operations for the additional insured(s)at the location of the covered
additional insured(s) at the location(s) designated operations has been completed;or
above. 2. That portion of"your work"out of which the injury
or damage arises has been put to its intended use
by any person or organization other than another
contractor or subcontractor engaged in performing
operations for a principal as a part of the same
project.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
CG 20 10 07 04 CO ISO Properties, Inc.,2004 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT
Attached To an rming Part of Policy Effective Date of Endorsement Named Insured
0100085163-0 04/15/2019 12:01AM at the Named Insured Done Right Inc 90
address shown on the Declarations
dditi -Premium: Return Premium:
$0 1 $0
This endorsement modifies insurance provided underthe following:
COMMERCIAL GENERAL LIABILITY COVERAGE
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE
ENVIRONMENTAL CONTRACTING AND PROFESSIONAL SERVICES LIABILITY COVERAGE
PRODUCTS POLLUTION LIABILITY COVERAGE
PREMISES ENVIRONMENTAL LIABILITY INSURANCE COVERAGE
The insurance provided to Additional Insureds shall be excess with respect to any other valid and collectible insurance
available to the Additional Insured unless the written contract specifically requires that this insurance apply on a primary
and non-contributory basis, in which case this insurance shall be primary and non-contributory.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
CAS5003 0717 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US-BLANKET
Attt hed Fo a d Forming Part of Policy Effective Date of Endorsement Named Insured
100085163-0 04/15/201912:01AM at the Named Insured Done Right Inc 90
F
address shown on the Declarations
dditianof Prem um' Return Premium:
�$0 $0
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIAB;LITY COVERAGE
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE
SECTION IV—CONDITIONS,8.Transfer of Rights of Recovery against Others to Us is amended by the addition of the
following:
We waive any right of recovery we may have against persons or organizations because of payments we make for injury or
damage arising out of"your work"done under a written contract with that person or organization wherein you have agreed
to provide this waiver.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
CAS4002 0110 Page 1 of 1
ENDORSEMENT AGREEMENT BROK��pY
COPrENSATION WAIVER OF SUBROGATION
BLANKET BASIS 3002353
FUND
RENEW
HOME OFFICE 1-56--63-03
SANFRANCISCO EFFECTIVE JANUARY 1, 2019 AT 12.01 A.M. PAGE 1 OF 1
ALL EFFECTIVE DATES ARE AND EXPIRING JANUARY 1, 2020 AT 12.01 A.M.
AT 12:01 AM PACIFIC
STANDARD TIME OR THE
TIME INDICATED AT
PACIFIC STANDARD TIME
DONE RIGHT, INC.
1129 LONGFELLOW AVE
CAMPBELL, CA 95008
WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE
LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL
NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR
ORGANIZATION NAMED IN THE SCHEDULE.
THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU
PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU
TO OBTAIN THIS AGREEMENT FROM US.
THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE
2.00% OF THE TOTAL POLICY PREMIUM.
SCHEDULE
PERSON OR ORGANIZATION JOB DESCRIPTION
ANY PERSON OR ORGANIZATION BLANKET WAIVER OF
FOR WHOM THE NAMED INSURED SUBROGATION
HAS AGREED BY WRITTEN
CONTRACT TO FURNISH THIS
WAIVER
NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE
OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS
POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE
HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR
LIMITATIONS OF THIS ENDORSEMENT.
COUNTERSIGNED AND ISSUED AT SAN FRANCISCO:
;e
2572
AUTHORIZED REPRESENT IVE PRESIDENT AND CEO
SCIF FORM 10217 IREV.7-2014) OLD OF 217
ENDORSEMENT AGREEMENT BROKER COPY
WAIVER OF SUBROGATION
BLANKET BASIS 3002353
E m RENEWAL
NA
HOME OFFICE -63-03
SAN FRANCISCO EFFECTIVE JANUARY 1, 2020 AT 12.01 A.M. PAGE 1 OF 1
ALL EFFECTIVE DATES ARE AND EXPIRING JANUARY 1, 2021 AT 12.01 A.M.
AT 12:01 AM PACIFIC
STANDARD TIME OR THE
TIME INDICATED AT
PACIFIC STANDARD TIME
DONE RIGHT, INC.
1129 LONGFELLOW AVE
CAMPBELL, CA 95008
WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE
LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL
NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR
ORGANIZATION NAMED IN THE SCHEDULE.
THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU
PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU
TO OBTAIN THIS AGREEMENT FROM US.
THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE
2.00% OF THE TOTAL POLICY PREMIUM.
SCHEDULE
PERSON OR ORGANIZATION JOB DESCRIPTION
ANY PERSON OR ORGANIZATION BLANKET WAIVER OF
FOR WHOM THE NAMED INSURED SUBROGATION
HAS AGREED BY WRITTEN
CONTRACT TO FURNISH THIS
WAIVER
NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE
OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS
POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE
HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR
LIMITATIONS OF THIS ENDORSEMENT.
COUNTERSIGNED AND ISSUED AT SAN FRANCISCO;
i 1
2572
AUTHORIZED REPRESENT IVE PRESIDENT AND CEO
OLD of 217
SOIF FORM 10217 IREV.7-2014)
A{,��'E> CERTIFICATE 4F LIABILITY INSURANCE 04-M(MMOD'yMI
10128I2019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHT$ UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN US ISSUING INSURER(S), AUTHORIZED
REPRESENT TIVE 09 PRODUCER,AND THE CERTIFICATE:HQLOEF:L
IMPORTANT: it tits certificate holder is an ADDITIONAL INSURED,the poiicy(los)must have ADDITIONAL INSURED provisions or bu endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on'
this cortificato does not confertf hts to the cortificato holder In lieu of such endorsement(s).
PRODUCER NA,` CT RICHARD ALESCH.
State arm RICHARD ALESCH PHONE 4013 S18-0877 FAX'Not 408 91$tl87B
1&4 N.EIASCOM AVE STE A EQc , ELENA.EAMF QH54@.STATEFARM.COM
a SANJOSE.CA 9SJ28 INSURERtStUFORMGCOVERAGE NAiCA
INSURER a:State ForthIwiutualRUl4mgbiteinsuranceCompany 25178 AA- { X�
INSURED
INSURER B• '
DONE_RI HT INC otsTrRERc:
1129 LONGMLLOWAVE eTStTREI n:
CAMPBELL,CA 95009 INSURER E;
INSURER K:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW MVE SEEN WUED TO THE INSURED NAIJED ABOVE FOR THE POUC`1 PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY COAiTRACt OR OTHER DOCUMENT WITH RESPECT To VmldH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE Tmn
EXCLUSIONS ANt::CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HA`EE BEEN REDUCED BY'PAID CLAINIS,
IN A TYi'E OF INSURANCE TiuAl POLICY EFF AOLtCl`EMP
POLtCYNUF]gER tdMC /YYYYY :tau, YY LIMITS
COSIMEACtAICENEFALL61BILITY k t 1
1 EACH tN'CURRs""M10E S
£LEwsllwte :_j OCCUR I ! ^MI�$s �4 +✓ram-gl_ 3
I MED EXP pan aA tw (M S
r PERSCNAL&AOV iMWRY S
GENERAL S
GENL AGGP.EGATELn11T APPLIES PER
I
PC41&Y 0 ry 0 LOC PRCOVCTS•CcwjP-P AGG.-S _
6,Thm E
AuTdMosiz uAsiLITY :BINEO S(N LE CI r1T n
Y I135 ta730 E02 05 1110212Q19 IDti/02/2tl2 10 no
Arrc AUTO
_ OGGILY Irt3UTtY(Per parson)�_-`
A1,?�OS CMY �OULED � =CILY 1WURY(Pcr-wadari) $.
AUTO � A JIuT CANED F AP8R�7Y OAAtACE ,�
AVTOSDNLY UT03QT+LY '7
I b
UMBRELLA LIAe OCCUR ':EACH Ocw"5rdCE S
EXCESS Lila CLAWS-MAD E 1 AGGREGATE_' S
DED NEYENrlctas t t
WORKBRSGONPENSAMN Vk UIH•
AND EMPL6VI!AVLIA01UTY
-ANY PROPRIETMPARTNER:EXECUMS YIN ^>_ 3
f�FR;EavoaeER Exc �wceD* N to
Ei EICHAC I_
(MaaeamVNNH) 1 ( I=L.rASEASE-FA EUP-L F S
n y�eess,,de,ama under gg 3636 .
tDESCWT1 OF RATIONS below d {E.L.alsE•icE-E21TVLIUW 3
i
DESCRIPTION OPUPESAT{ONS I LOCAT*W!&IVERICLES IACORD 101•addlknal Rwawks Schadula,may 41 airichNd A morn space is r 441d)
ADDITIONAL'MURED3 CITY OF CUPERTINO INCLUDING ITS CITY COUNCIL,BOARDS AND COMMISSIONS,OFFICERS,OFFICIALS,AGENTS,
EMPLOYEES,CONSULTANTS MD VOLUNTEERS
T141S INSURANCE IS PRIMARY AND NON CONTRIBUTORY WITH RESPECTS TO CLAIMS ARISING OUT OF THE OPERATION OF THE DESCRIBED
VEkICLES,
CEP.TIF'CATE HOLDER CANCELLATION
1
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THis EXPIRA11ON DATE THEREOF, NOTICE WALL BE DELIVERED IN
CITY OF CtiPE4TI140 ACCORVANC VATH THE POLICY PRO 1 ONS.
10555 MARY AVE
CUPERTINO,CA 95014 Au RtZE 8P c
ATTN.KENT@CUPERTINO.ORG
I
019 - 015 ACO D CORPO TION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks ofACORD
10011ELi IMP491.12 Q3-Tfi-:7Td
State Farm STATE FARM"
DATE OF NOTICE: NOV 22 2019
PO Box 853922 CODE:
Richardson,7X 75085-3922
42A
FLTL 02 A
cool" 0093 NOTE: PLEASE NOTIFY STATE FARM AT THE
CITY OF CUPERTINO ,ADDRESS LISTED AT THE TOP, LEFT CORNER
10555 MARY AVE OF THIS PAGE REGARDING ANY CHANGE OF
CUPERTINO CA 95014-1322 ADDRESS INFORMATION.
Illirrlurirn4llj11�jtrrlilllljrldll111N'jillrlriirll�mpy
h
0
ADDITIONAL NSi1RED'S NOTICE;OF COVERAGE
State Farm Mutual Automobile insurance Company 212E-F80GA
NAMED INSURED: POLICY NO: D35 6730-E02.0! COVERAGE:IILITY
DONE RIGHT INC YRIMAKEIMODEL: 200A CHEVROLEI riCKUP 91 MIL
1129 LONGFELLOW AVE VINICAMPER: 1GCEC19X08Z183152 $250 DED.COP.
tl CAMPBELLCA 95008-7112 AGENT NAME: DICKALE5CH S1000DED.COLL
4 AGENT PHONE: t408)918-0877 POLICY EFFECTIVE -
e ENDORSEMENT NO:6028SU
a NOV 02 2,019 UNTILTEF MIONAi ED
m POLICY MESSAGES:This policy shown above supersedes policyu 035 interesT.
t
4 The policy includes a loss payable clause protecting the additional insured's interest In the described car to the extent of the insurance
y :provided and subject to all policy provisions.The additional insured Will be given 20 days notice if the policy is termina?edLintil such notice
Is provided,it shall be presumed that the required renewal premiums have baen paid.The additional insured must ncliTy us within 10 days of
any change of interest or ownership coming to their attontion.Failum to do so will render this policy null and void.
a
N
fRT
6289DW.SINGLE LIMIT LIABILITY COVERAGE
This erdomisnent is it part of the pokey.Except for the oltanges this endemement mattes,all other
provisions ofthe poticyrcmain the same and Ripply to thiscndarscmcdt
c LIABILITY COVERAGE d. This Liability Coramge limit is the
The Limits provision is repttced by the follow- most xw wilt pay regardless of the
ing. number of:
Limit a. Ensure*
1. The Liability Cov«uge limit is shown
b. claims made;
on the Declarations Pagc under"Liabrl- C. vehicles insured;or
Ity Cover,age—Limit—Lseh Accident", it. vchiela invalvcd in the accident.
2. The limit shown is the most we will pity 5. If the i4m.red most provide the limits
for all damage resulting from any one requirtd by a motor veirclo compulsory
accident, k wmnee,fmancaul responsrbilinc mo-
3. This Liability Coverage limit shut!be lot carrier or similar I&V4 then the limit
provided by this Policy sill
reduced by payments for bodiip injury I c applied damsV,i made toor rot the imuredun- Regardless of wmh rcqquimaicnisi we
W der the Uninjured Motor Vehicle Cov- will trot pay Marc than u e limit shown
erugc orthis policy. on the Declarntiaaa Page.
O
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Page 1011 6299DW
Q Copyright,surd Ebam&gauss Autoinobile Insurmce Contpaoy,2011
Q
b_ ff Other Mfedicai Payments Cavanmge The 4fi nsurod'tvtowt vehicle C Gv- ovcmgc er similar coverage primary coverage for s lard to your
nrSimilnr Vehteht insurance Applies erage provided by this policy up- that apply have bee Paid. car,except while your car is tucd
Plies as primary oovtra for tan b, if Other Physical Dnata+;e COVOrsge in penanal vebiefs sGari.��. The
The dual paragraph of item 3. is ouufedwhu sustains 6 }test+r+Y orSindlarCovsrogoApplies physical damage cuveneCs p:tvid-
changed to read: whda aaeupfing yaw W.except The first paragraph of item 3. is u d by this policy appiv as ._ :+:
vandepau car is used m attaf changed torgd; ranerago for a loss to your car
io The Medical Payments Covetage vrki.�r aAarLmg 8
The mosatcd while,it is used in prrranaf ehh:le
3 provided by this policy apptits as &mama'Vehicle Cot'eage provide l The physical damage eoveragcs shot
P primary eavciage for an kUlMd by this policy applies as evee:,e providel by this policy apply as '
wito sustains bodily injury wf le coverage foryar and resirlaml refa-
n occupying your car or a trailer ttiner wito sustain bodif}' hif"ry
p attached fo 11,ctecpt vtimiic yaut while oerapyinn,yaur car white
ds vied jr4 carer a trailer attached to$ ,your tar to usual to personal vehi-
in prfstmal whictr sharing. The cb skating,
hlOdicadPaymcntsCovrngcprayided A. I'MICALDAMAGECOVERAGES
by this pohey applies as mew a. Exclusions
cov'erege tot yea and resident rele-
n tiers vvho sustain baddy injury {ty F'(0ftsinn 2,is replaced by the fol-
while occapying your car or a lowing
trailrr aua.ticd to it whiloyourcur THERF. IS NO COMAGE
or a bailer attached xa it is used in FOR ANY COVERED MIf-
personal whiclesharing. CLE wunz dT is RENM
OR LEASED TO OMRS 11Y
1 3. UNiNSMFM MOTOR VEHICLE AN INSURED.This exclusion
COVERAGE dxv not appby to your Car or a
Oa. Exclusions na wly acgutrd car while ascal
os n prnvnal whirfe .rliaram�>
>, F—m4 ion6.is reptacad by the followirrg: when, and only if. Ufa tiiU
U THERE iS NO COVERAM tUR amount of rill as'atlable Hatib
GAN LMSVRED WHO IS OCC6- or all olhcr sources orph)aieal
a, P17VG FOUR CNR OR A NNW- damage coverage or sundar
LI' A L'IM CriR W14ME coverage that apply have tccn
US1i11 IN PERSOXAL ITMICLE paid.
G' $flli/l/hG. This exclusion does (Y)EtIr,icu 20.is replaced by the
Y not apply fo you and resident refs- following:
Y trier when,and only if,the Cull
amount of till available rumor of aft THERE IS NO COVERAGE
U Othcf 504mcs of an4mrcd atata( FOR I'IJURCitRORA'V19W
`chicle rxiveeage that apply have IYdC[WIRED GIR WFIM
been paid. USED b I PERSOAM F'97I1-
6 lu-
b..If Other Uninsured Motor Vehicle CLE oesnotSUARIi77. This n,and
Cavcra MA Ikst sintt does a apply When,aall
only if,the fudt amount of all
1'he first paragraph or item 2. is availablo limits of all `[her
a
changed to read: aounxs of physical damage
Pagc2of3
6126MD Pagge 3 of'
fi l?bMU
4,Cap}tiglt4 Scuc F. nklutu�l In umnm
+D,Cap}tittles,State Firm klutual Autaomobiletnwuance Cnrapcuy,2(If3 Autontobite Compary.2tt 13
�a
Y
remywrary substtiure car,or It b. Ex41us1oni 6126MO EXCESS COVERAGE FOR PERSONAL VEHICLE SHARING
/rai(erawuerl6y}wr Exclusion I is dcictad
(4)FXejuaianz 7„nvul4.era delete!. This endorsement is a art of the lie Except liar the 411sa s this eadartement nuakaa,all Other
v1 5, PIIYSICALDAi4tAG15 CQVEILI.GFS n' policy,y" � ga
d. UNYINSURI&D MOTOR VEHICLE COV- pravrWomt orthe rvliLy remain the sAma rind apply to this endxYemcnt.
ERAGE Addidolnd Wmitions
e5 a, AdditionalDeRnittunk a. CmrtlJxlrirleis.changcdtarcad:
l- LFARF,ITYCOVERAGE 2 61EDWALPAYl1 EMCOVERAGE
n u. Rscluslons u Exclusians
htsarad is eltang art to read: Covered!Miele t 4nOs.
1. our.car, Exclusicn[i.u<glcwdbydtafaltrfµing (1)Exeltwiun3.iuretaccdb thefot-
Ins ay erson Y THERE IS NO COVERAGE FOR lowing; p y
1. ten ennn while,accu m (tnemlly acquired car
SPpy 6- AN P,ED FOR THE O�V VIERS IS NO COVERAGE
n your car 1nlcrnlwra FltSiitHIE ysuLslitutacru and h1ALVl'liIANCF, ORR FOR AN.LVSVREV WHO Is
d, a c.-un er that is devi ned to be USEOF FOUR G4R OR AAFOU OCC,grMN'r, A VEHICLE
t. :t r: el?arquvad oar,ur p g mounted o a pickup W lCQGY2ED Oil?YULE USED Welt and IN PERSOXAL VEifICLE ��•E P'is RPNTED OR
a c, alangrnraryrrrGsrftutacar. 3s ahtnva op (he Declarations LEASED$UU'rFlO:ttSSYAN
Such vehicle must be used 11age, SUARIAW This exclusion does I,V-WCXFIJ. This delusion
not apply toyoa and resideal rela- d
wtlltin fire scal>c of your,can• I ncludin its arts and its a ui oes not apply to you and rrsl-
scnrk Such person aerupyinga g p 4 ls' :fives when And only if,the fu(t dent relalivd vvhuo ort-u
public u livery canvcyanee ro merit that sec mtitmon to the use of amount of all availuble limits of all over ear or a nairll Pyred
the vehicle au J vehicle. However, } } acquired
not an insured;and other liability bonds policies,end
iL parts and equipment of oatnptxs car white used in personal
sclr-- afapp huimanceplansthtyhave xa(icresfiwbt 2. you or LT.peraen entitled to re- tnust uo vccnrcty,fixed its a perma• g when,and only
bean used up by payment of judg-
t:ovcc campw. wry rlawagcs as nent pan at'thecamper. if.the full amount orall availa-
a result of Mdih•fee to an menu or wileinattu,or have been blelimim ofall other sources of
la?t b, Insured is ahongetl to stud: otrared in writing.ittsurarl n4fintd in flan 1. g• tucJietl p'tymcnun coverage Of
tlbovc, insured meansloa• b. if Other Liability Coverige.Applics similar vehicle insurance that
The first paragraplt of item 1 is apply bavt been paid.
d to afinn tcJd: (2J EXclusiort 15.is tcpLitad by the
L, The I.utbility Coverage provided by fallbwlnp:
this policy]applies as primary cov, TFICRE iS"::A covmOc•
eragc for the ownership,maintc. FOR AN I.vSL'KV WHO IS
amre, or use of your car or it 0CCt7'FZVG')OUR CAR OR
6 traid?r anachel to it.except while A rVF.'IVLI':ICQUW.D CAR
your car orn[railer attached toitia M%IIUi IiSID iN TF.RSU,Y-
' A !S!!lCLE SILIRLVG
< used in personal mIge le sharing. Tltet exelusu:n does not apply
4 Thcpolic ity Cnvvrage cess cdhy to you And rraidsnr relavva
L 1p-tis policy applies cr excess cover• lvficrt, and only if, the full
wrigs fs r the trwnmahip, tnaintc- amount of all available,limits
r wince, or use or your ear at it of all other acurots of mcdidat
4 trailer attached to it while your car pavmcnts ca=36e or similar
at it!railer atuched to it is used in vehicle tnmranrc that apply
peesnnal rebkle:shdriag, lesec beco psid.
Page of3 603OGF �•re,`r Piz I or3 612fMD
tl.Copmight,StateFarmSCunualrWtoawbbth:vtranccCorofaay.2t113 p_ipfi65tatcFumr4tutu hnrtutoobltatn+cur;eraeCwnpany,2013
p
gC
X
b. any ofyour 0.50o, em 3. 1LIEDICALPAYhIENTSCOVERAGE
6030GF BUSINESS NAMEDINSURED piny'ctw, or husrnum part- a. Additional Detinttlons
ners
learurud is changed to rend:
'this endorsement is a part of the policy.Because of the type of named insured sbow'n an the while tnaiotarning ar using
Drclaratienrs Page of this twldy and the chanties made below,an refetcnces to twidmd refer- your car,a neivty acquired car, Insured moans any persnrr while
rivet and nato-owned cart lu the policy are deleted.Except rar the chw9es dris endnrscntcnt renrpruury rubsrirutd Car,or a uccupyurr,
makes,Alt dherprovisionsoCthe policy mnaindresamcandapplyl0 this endarwmcni. rraihrarenedbyyau; 1. Your car,
1. DEFINITIONS 3. any mlicr persarr or orgnnilalimt (3)The rullowing exclusion is added; 2. 1 newly deyuircd twr,
^ aiestiausly liable For ilic use of a 3. a remrparaly rrtbsiilurtcar Of
You or]bur is thangod to read: which un insurtV as defined THFRF IS NO(OVERrAC1E
I'nu or']bur meats the named insured to 1.art ,bowc,but only.far F(>R AN I,MMIRM) FOR 3. a rraUrr wsl.ile a t r xd ro a car
rr or named msureds shown(in the OCufa- uch vic:iv—s liabilliX. Thus DAMAfrES MLLLTING described;n I,y.or:1 aiiavc
rations Page. provtstcn sppires only'irthe ve- FROM Such vChicic mw;l be used within
z ?, LLMIATYCOVERAGE Woe is. j. 'IIM ILSNOUNG OF thcscopeoryourconsedt
,g a- neither-awnedhy,nor hired movE1ZTY BEFORE IT b. Eschal"ars
a Additional Definition by,that outer person or or- IS MOVED FROM THE (1)rXCIUSI(Al I i7 deleted.
Insured is changed to read: ganvation:and PLACE "TS1E 1T IS �
8 (_) Exclusions,is chttnued to read.
insured means: b. neillwr available for, nor ACCF.P1'PD BY THE IV'- THEM IS NO COVERAGE
I. you foe being u.scd for, Carrying St RED FOR 4OVF- FOR AN I:tiSORED WHO IS
Y persons(or a charge. 1,0\ 'INTO OR ONTO A OCCUP►ZVG A VMCLE
a the ownership,rmtintcnance. Insureddoes not include the ti"::.ECLF FOR VAIMCH WHILETTIS:
rs use of: Ur sited States of America or any or 1142 I.SVIRED NS PRO
O (I)yaarcar, ,tsagcncies. VIDM)LLWILITY COV_ e M�Er1VAILABLL OR
q (2)a pnvl)arywired car, b. Exclusiotu l;itAM By PHIS b. NIFINGUSEDPOLICY;
U o (1)Exclusion 5.is changed to rexd: Cf ARGF-
(3) waiter and P 7NSO:VS IOR A
FOR BOX[]' J.VlURY fO 2• THE HANDLING OF
© b, the maintenance or use of a TFDkT!.VWREWS FELLOW
AFTER IT IS (3}Exclusion 5.is Changed to rr»rd:
a remporarysubsrirure car, LmpLd?YEE MULL Tl]E MOVED FROM TEIE WHILE MAI NTAINM OR
Fla LOW EMPLOYEE IS IN VEMCLE DfiSCRME) tMING A VEHICLE IN
2. anypr�.srothisorheruseof: TM COURSE AND SCOPE IN 1. ABOVF. TO THF, CONNECTION WTrR TUAr
O OF FiLS OR HF7t FZviPLOY- PLACE wHERE If IS FI- EL VIM)'S I;VIPLOYMFNT
} a fi rut ear, NALLY DTI.IYERI_D By W OR ENGAGEMENT OT
O b. a Mewy acquired car, 1
w (2)Exclusion 7.is changed to reud: THE LVSURFU OR ANY.This ex lu iot.--demo
dot
c, a tend orar}su�stimta car MESS.This exclusion does tlof
WHILE MAINTAINING OR 3, TF3E lUOVF141ENT (r'F :rpPlYromYCrlaur,
USMO A VEHICLE IN PROPF.[;T NEWSY Dy NEWS d- agent,,
d, a nadla while attached to a CONNECTION WTOI THAT OF A MMMMCAT,
car described in a.,b.,or c. I.b;CRC--M S FNIPLOYMENT DLMCE, OTfBR THAN b, employees or
ra above IN OR ENGAGEMENT OP A HAND TRUCK:THAT a, husiaesspartnera
v AkTY KIND IN A GiR BUST IS NOT ATTACHED TO
Such achicie must be used whit .NESS, This exclusion does nat THE VEIIICLE DE- while rnaintnining or usingyour
nor scion, C'rPress or car,a ne ly acquired car,a
a nnplictl a d oilier rire scope +PPIY I� 3CR]BED IN I.AF3OVG
oftiratpermission and a, ymu;or
P of3 6030GF
Ps ►or3 WOOF A.obil
t3,Cqpysigh.Sae,farrnmnuAuiamobileInwanceCgmpaY,2GI5 0,Capyriah,Stae Farm MutnmnteC-V1,101$ 7
raa3a
This policy Is Issued by State Farm Mutual Automobife Insurance Company.
MUTUAL CONDITIONS
t. Membership.While this policy is In force,the first insured shown on the Declarations Page is
entitled to vote at all meetings of members and to receive dividends the Board of Directors in
its discretion may declare I-, accorda ce with reasonable classifications and groupings of
policyholders established by suet Board.
2. No Contingent Liability.This policy is non-assessable.
3. Annual Meeting.The annual meeting of the members of the company shall be held at Its
home office at Bloomington, Illinois,on the second Monday of June at the hour of 10:00 A.M.,
unless the Board of Directors shall elect to change the time and place of such meeting, in
which case, but not otherwise, due notice shall be mailed each member at the address
disclosed in this policy at least 10 days prior thereto.
In Witness Wharedf,the State Farm Mutual Automobile Insurance Company has caused this
policy to be signed by its president and Secretary at Bloomington,Illinois.
Secretary Pre:i:l�rt
IMPORTANT NOTICE.
California law requires us to provide you with Information for filing complaints with the State Insurance
Department regarding the coverage and service provided under this policy.
Your agent's name and contact information are provided an the front of this document.Another option is to
reach out by mail or-phone directly to:
State Farms Executive Customer Service
PO Box 23"
Bloomington iL 61702
Phone#1-800-STATEFARM(f-800-782-8,1W)
Department of Insurance complaints should be riled only after you and Slate Farm or your agent or other
company representative have failed to reach a satisfactory agreement on a problem.
California Department of Insurance
Consumer Services Division
300 South Spring Street
Los Angeles,CA 90013
Phone it 1-800-927-HELP(4357)or visit www.insurance.ca.govloi-consumers
NOTICE
We are required to furnish you with the following information;
i, An automobile liability insurance company may cancel a policy before the end of the current policy
period for reasons described in the provision titled Cancellation which is located in the General Terms
section of your policy(referto the Contents in the beginning of your policy for the page number),
2. An automobile liability insurance company may increase the premium or refuse to renew the policy for
any of the following reasons;
a. Accident involvement by an insured,and whether an insured is a'fault in the accident.
b. A change in,or an addition of,an insured vehicle,
c. A charge in,or addition of,an insured under the policy,
d. A change in the location of garaging of an insured vehicle.
e. A change in the use of the insured vehicle.
f. Convictions forviolatimgg any provision of the Vehicle Code or the Penal Code relating to the
operation of a motorvehicle.
g.The payment made by an insurer due to a claim filed by an insured or a third party.
An automobile liability insurance company may increase the premium or refuse to renew the policy for
reasons that are not listed above but which are lawful and not unfairly discriminatory.
late i
State Farm Mutual Automobile Insurance Company R 34157-3-B MATCH 00•113 MUTL VOL
PO Box 853922 DECLARATIONS PAGE
Richardson,TX 75085-3922
NAMED INSURED 00413 05-2127-3 B A POLICY NUMBER D35 6730-E02-051
000-113 0058 POLICY PERIOD NOV 022019to1AAY022020
MrE RIGaT INC 12:01 A.M.Standard Time
1129 LONGFELLC14 AVE
CAmPBELL CA 95009-7112 STATE FARM PAYMENT PLAN NUMBER
0356223702
AGENT
IItIIIIIII!"IIIIIII'IIIIIII'I"QIItlllit'QIIIIIIIIIIIIIQ'1'IIItI DICKALESCH
164 N BASCOM AVE STE A
SAN JOSE,CA 95128-1867
A^
�0 0
PHONE:(408)91 B-0877
DO NOT PAY PREMIUMS SHOWN ON THIS PAGE.
IF AN AMOUNT IS DUE,THEN A SEPARATE STATEMENT-IS ENCLOSE D.
YOUR CAR
YEAR MAKE MODEL_ BODYSTYLE _. VEHICLE ID.NUMBER ` CLASS
2008 CHEVROLET C1500 PICKUP 1GGEC19X08Z183152 603HCV'10
SYMBOLS, . ..COVERAGE&41MtTS
i—PREMIUMS
A . Llabitity Coverage
Limit-Each Accident y
$lOatIQCQ
C Medical Payments Coverage $19.69-
Urtut=Eact.Perscn � "zs" =
$25,000.
D Compreherrsive Coverage-5250Deductible 99.4
G F Collision Coverage $1 000 Decuctit)e 4�5 �
Emergency.,-Road Service Cnverag�: -
U Uninsured MotorVehice Co 324.96
8o8ifylnjury OrN6
Each Person, Each Accident
S30.004m
U1 Uninsured Motor Vehicle prooerty Damaoe Cavera a 55.98
Total premium for NOV 02 2019 to MAY 02 2020*. - _ Sb'-4.52 T►ris is►wt a tiill.
'IMPORTANT MESSAGES —
Replaced policy number D356730-05
EXCEPTIONS,:POLICY BOOKi_tTT:b ENEDOt2SEMEjJ'IS jSea policy 6coklet individual eridoisarneats.for eo4erage•defails.}
Y rT POLICY AOaSJ STS ENDORSEM�E{NTCCLTHATIAPPLY�,GIIVCLU0 NG THOSEEIISSUED TO YOU
F TMSggU ADD ESON,it INREN ACITYT�FECUPERTINO, 10555 MARY AVE, CUPERTINO CA
014-1322.
603CGF NESS
INESS NAMED INSUREfD.
6128 c TCOVERAGGpE�FOR PERSONAL VEHICLE SHARING,
62869�0pW yINGLO LS LIABILITY COV GE E 7
CUPERTINOwIFtC UDIING ITSOCITYOCOUNCIL BOARS, AND COMMISSIONS, FFICERS,
CFFICIALS, AGENTS, EMPLOYEES, CONSULtANTS,
Agent: DICK ALESCH
Telephone: (408)9i8-0877-
02369101233 See Reverse Side Prepared NOV 22 2019 2127-BOC
ISS-3MIcn2 09•„002{o1aC29?c) (a1 42S c)
14jol! W.025
Exhibitu
Labor Code Requirements
1. The following prevailing wage provisions apply to this Agreement.
1.1 In General. For purposes of California labor law, this is a public works contract
subject to the provisions of Part 7 of Division 2 of the California Labor Code
(Sections 1720 et seq.). In accordance with Labor Code Section 1771, Contractor
and all subcontractors shall pay not less than current prevailing wage rates as
determined by the California Department of Industrial Relations("DIR")to all
workers employed on this project as applicable. In accordance with Labor Code
Section 1815, Contractor and all subcontractors shall pay all workers employed
on this project 1 %2 the basic rate of pay for work performed in excess specified
hour limitations. The work performed pursuant to this Agreement is subject to
compliance monitoring and enforcement by the Department of Industrial
Relations.
1.2 Registration. Contractor and all subcontractors are not qualified to bid on or be
listed in a bid proposal, subject to the requirements of section 4104 of the
California Public Contract Code, and shall not engage in the performance of any
work under this Agreement,unless currently registered and qualified to perform
public work pursuant to section 1725.5 of the California Labor Code. Contractor
represents and warrants that it is registered and qualified to perform public work
pursuant to section 1725.5 of the Labor Code and will provide its DIR registration
number, along with the registration numbers of any subcontractors as required, to
the City.
1.3 Posting. Contractor shall post at the job site the determination of the DIR
director of the prevailing rate of per diem wages together with all job notices that
are required by regulations of the DIR.
1.4 Reporting. Contractor and any subcontractors shall keep accurate payroll records
in accordance with Section 1776 of the Labor Code and shall furnish the payroll
records directly to the Labor Commissioner in accordance with the law.
1.5 Report on Prevailing Rate of Wages. The City has obtained the general
prevailing rate of per diem wages in the vicinity of the project for each type of
worker needed, a copy of which is on file at the City of Cupertino City Hall, and
shall be made available to any interested party upon request.
1.6 Employment of Apprentices. Contractor's attention is directed to the provisions
in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of
apprentices by the Contractor or any subcontractor. It shall be the responsibility
of the Contractor to effectuate compliance on the part of itself and any
subcontractors with the requirements of said sections in the employment of
apprentices. Information relative to apprenticeship standards,wage schedules,
and other requirements may be obtained from the Director of Industrial Relations,
ex-officio the Administrator of Apprenticeship, San Francisco, California, or from
the Division of Apprenticeship Standards and its branch offices.
1.7 Penalties. Contractor's attention is directed to provisions in Labor Code Sections
1775 and 1813. In accordance with Labor Code Section 1775, Contractor and
subcontractors may be subject to penalties for Contractor's and subcontractors'
failure to pay prevailing wage rates. In accordance with Labor Code Section
1813, Contractor or subcontractors may be subject to penalties for Contractor's or
subcontractors' failure to pay overtime pay rates for hours worked by workers
employed on this project in excess specified hour limitations.
1090602A
